[Federal Register Volume 66, Number 177 (Wednesday, September 12, 2001)]
[Rules and Regulations]
[Pages 47384-47385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22813]



[[Page 47384]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-01-057]
RIN 2115-AE46


Special Local Regulations for Marine Events; Atlantic Ocean, 
Atlantic City, New Jersey

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations for the Atlantic City APBA Grand Prix, a marine event to be 
held on the waters of the Atlantic Ocean adjacent to Atlantic City, New 
Jersey. These special local regulations are necessary to provide for 
the safety of life on navigable waters during the event. This action is 
intended to restrict vessel traffic in portions of the Atlantic Ocean 
during the event.

DATES: This rule is effective from 11:30 a.m. eastern time on September 
22, 2001 until 3:30 p.m. eastern time on September 23, 2001.

ADDRESSES: Comments and materials received from the public as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-01-057 and are available for inspection or 
copying at Commander (Aoax), Fifth Coast Guard District, 431 Crawford 
Street, Portsmouth, Virginia 23704-5004, between 9 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: S. L. Phillips, Project Manager, 
Commander (Aoax), Fifth Coast Guard District, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004, telephone number (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. In keeping with 5 U.S.C. 553(b)(B) and 553(d)(3), the Coast 
Guard finds that good cause exists for not publishing a NPRM and for 
making this rule effective less than 30 days after publication in the 
Federal Register. The Coast Guard received the request for special 
local regulations with insufficient time to publish a NPRM, allow for 
comments, and publish a final rule prior to the event on September 22 
and 23, 2001. Because of the dangers inherent with high-speed boat 
races, it is in the public interest to have these regulations in effect 
during the event. In addition, advance notifications will be made via 
the Local Notice to Mariners, marine information broadcasts, and area 
newspapers.

Background and Purpose

    The New Jersey Performance Power Boat Club will sponsor the 
Atlantic City APBA Grand Prix on September 22 and 23, 2001. The event 
will consist of 200 to 300 offshore powerboats conducting high-speed 
competitive races on the waters of the Atlantic Ocean adjacent to 
Atlantic City, New Jersey. A fleet of spectator vessels is anticipated 
for the event. Due to the need for vessel control during the races, 
vessel traffic will be temporarily restricted to provide for the safety 
of participants, spectators and transiting vessels.

Discussion of Regulations

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Atlantic Ocean adjacent to Atlantic City, 
New Jersey. The regulated area includes a 3-mile long section of the 
Atlantic Ocean south of Absecon Inlet, extending approximately 300 
yards out from the shoreline. The temporary special local regulations 
will be enforced from 11:30 a.m. to 3:30 p.m. eastern time on September 
22 and 23, 2001, and will restrict general navigation in the regulated 
area during the races. Except for participants in the Atlantic City 
APBA Grand Prix and persons or vessels authorized by the Coast Guard 
Patrol Commander, no person or vessel may enter or remain in the 
regulated area.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that Order. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not significant under the regulatory policies and procedures of 
the Department of Transportation (DOT) (44 FR 11040; February 26, 
1979).
    Although this regulation prevents traffic from transiting a portion 
of the Atlantic Ocean during the event, the effect of this regulation 
will not be significant due to the limited duration that the regulated 
area will be in effect and the extensive advance notifications that 
will be made to the maritime community via the Local Notice to 
Mariners, marine information broadcasts, and area newspapers so 
mariners can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in the effected portions of the Atlantic Ocean during the 
event.
    Although this regulation prevents traffic from transiting a portion 
of the Atlantic Ocean during the event, the effect of this regulation 
will not be significant because of the limited duration that the 
regulated area will be in effect and the extensive advance 
notifications that will be made to the maritime community via the Local 
Notice to Mariners, marine information broadcasts, and area newspapers 
so mariners can adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this temporary rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the address listed under 
ADDRESSES.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork

[[Page 47385]]

Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State law or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial and direct effect on one or more 
Indian tribes, on the relationship between the Federal Governments and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraph (34)(h), of Commandant Instruction 
M16475.1C, this rule is categorically excluded from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine parade are specifically excluded 
from further analysis and documentation under that section. A 
``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.


    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--MARINE EVENTS

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 
100.35.


    2. Add a temporary section, Sec. 100.35-T05-057 to read as follows:


Sec. 100.35-T05-057  Atlantic Ocean, Atlantic City, New Jersey.

    (a) Definitions.
    (1) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
is a commissioned, warrant, or petty officer of the Coast Guard who has 
been designated by the Commander, Coast Guard Group Atlantic City.
    (2) Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Group Atlantic City with a 
commissioned, warrant, or petty officer on board and displaying a Coast 
Guard ensign.
    (3) Participating Vessels. Participating vessels include all 
vessels participating in the Atlantic City APBA Grand Prix under the 
auspices of the Maine Event Application submitted by the New Jersey 
Performance Power Boat Club., and approved by the Commander, Coast 
Guard Group Atlantic City.
    (4) Regulated Area. All waters of the Atlantic Ocean, adjacent to 
Atlantic City, New Jersey, bounded by a line drawn between the 
following points: southeasterly from a point along the shoreline at 
latitude 39 deg.21'50" N, longitude 074 deg.24'37" W, to latitude 
39 deg.20'40" N, longitude 74 deg.23'50" W, thence southwesterly to 
latitude 39 deg.19'33" N, longitude 074 deg.26'52" W, thence 
northwesterly to a point along the shoreline at latitude 39 deg.20'43" 
N, longitude 74 deg.27'40" W, thence northeasterly along the shoreline 
to latitude 39 deg.21'50" N, longitude 074 deg.24'37" W. All 
coordinates reference Datum NAD 1983.
    (b) Special local regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol, including any commissioned, warrant, or petty officer 
on board a vessel displaying a Coast Guard ensign.
    (ii) Proceed as directed by any official patrol, including any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (c) Effective dates. The regulated area is effective from 11:30 
a.m. eastern time on September 22, 2001 until 3:30 p.m. eastern time on 
September 23, 2001.
    (d) Enforcement times. This section will be enforced from 11:30 
a.m. to 3:30 p.m. eastern time on September 22 and 23, 2001.

    Dated: August 29, 2001.
Thad W. Allen,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 01-22813 Filed 9-11-01; 8:45 am]
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